E-mail sent by Bothell City Council member Joshua Freed since September 1, 2016, from one of Mr. Freed's City of Bothell e-mail addresses (e.g., joshua.freed@ci.bothell.wa.us, joshua.freed@bothellwa.gov, etc.) to one or more of Mr. Freed's personal e-mail addresses, including but not limited to joshuafreed@mac.com and info@impacwa.com. That such communication has occurred is evident from public records I received in response to [a request][1] I placed with your office on August 31, 2017, which included what are presumably a subset of the records I now request (e.g., messages sent May 22, 2017, to info@impacwa.com, subject "Fw: Safe Injection Sites" and August 18, 2017, to joshuafreed@mac.com, subject "Fw: Heroin Injection Sites," etc.)

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Dear Phil Mocek, Thank you for registering with the Records Center. Please log in to the Records Center to update any contact or password information and to track the progress of your request. Login: requests@muckrock.com

The City of Bothell is in receipt of your request for public records received on 9/07/2017 in which you request: “1) E-mail sent by Bothell City Council member Joshua Freed since September 1, 2016, from one of Mr. Freed's City of Bothell e-mail addresses (e.g., joshua.freed@ci.bothell.wa.us, joshua.freed@bothellwa.gov, etc.) to one or more of Mr. Freed's personal e-mail addresses, including but not limited to joshuafreed@mac.com and info@impacwa.com. That such communication has occurred is evident from public records I received in response to [a request][1] I placed with your office on August 31, 2017, which included what are presumably a subset of the records I now request (e.g., messages sent May 22, 2017, to info@impacwa.com, subject "Fw: Safe Injection Sites" and August 18, 2017, to joshuafreed@mac.com, subject "Fw: Heroin Injection Sites," etc.)2) Text messages (i.e., SMS messages) and other mobile-phone-based text communications (e.g., Signal Messenger, WhatsApp, Wire, Wickr, Telegram, iMessage, Facebook Chat, SnapChat, Slack, Glip, Facebook and Twitter "direct messages," etc.), addressed or "CC'd" to Bothell City Council member Joshua Freed or any alias of his, sent by Mr. Freed, or sent on behalf of Mr. Freed, since September 1, 2016, on personal or work-specific devices operated by or otherwise under the control of Joshua Freed, regarding any of the following:- supervised consumption sites- safe consumption sites- supervised drug consumption sites- safe drug consumption sites- supervised injection sites- safe injection sites- supervised injection facilities- safe injection facilities- SCSs- SIFs- heroin injection sites- community health engagement locations- CHELs- initiative 27- I-27- Impaction3) E-mail sent or received by Bothell City Council member Joshua Freed since September 1, 2016, to or from Mark Lamb (former mayor of Bothell and former Bothell City Council member). These records should include but not be limited to e-mail to and from Mr. Lamb at his mark@northcreeklaw.com e-mail address (e.g., the message from Mr. Freed to Mr. Lamb, sent 2017-08-18 at 9:14 a.m., subject: "Fw: Heroin Injection Sites," etc.)”

We have a new public records/document management system here at the City where we can make your records available if you are agreeable. You should have received a "welcome" email with information to set up an account for this and any future requests. This email address is already entered with your customer information.

Your request is being processed. It is anticipated that any responsive documents will be made available by September 25, 2017. If records are ready sooner, or if we need more time to complete your request, I will contact you.

Please feel free to contact me at 425-806-6154 or respond to this email with any questions.

I received your e-mail of September 11. In it, you stated that your agency has "a new public records/document management system" which could be used to provide records in a manner you implied to be different than that which I requested. If using it would make your job easier and/or more effective, then I'm all for you using this new workflow management system.

I wish to receive records as requested and in accordance with RCW 42.56.520. As I suspect you are aware, the law allows you to provide "an internet address and link on [your] agency's web site to the specific records requested" in lieu of sending them to a requester, so long as the requester does not inform you of his or her inability to access the Internet for such use. The law does not allow you to require that a requester register with your or a third-party records management system, authenticate to that system, and use that system to "navigate" to a private location where you effectively hid those records for that requester alone to find. I wish neither to opt for such hassle nor to legitimize such a system of obscured and monitored access to ostensibly-public records by participating in it.

If the law allowed this alternative to providing records as requested--register, login, "click around," etc.--and every agency did this, then the public would need to learn to use multiple specific systems--possibly as many as there are public agencies--in order to access our public records instead of simply using the standard interfaces that have served us well across every public agency for decades--human language communicated via postal mail, fax, or e-mail. People talking to other people at the speed of light seems fast enough to satisfy everyone's needs in this context. Storing *public records* in a private location available only by login seems almost as bad an option for the public as having those records filed away in their original, publicly-inaccessible, locations.

If it is not feasible to simply make public records available to the public upon creation of those records--without requiring people to go through a process of requesting, waiting, and receiving copies of those records as we typically must nowadays--then I suggest that you (and other agencies) place records which have been assembled in response to public records requests in a sort of Web-based public reading room, so that other people who wish to see those same records may easily find them in an anonymous and self-service manner, so that search engines may find and index those records, and so that you can provide the specific URLs of those records to requesters, thereby satisfying both your duty under the PRA and your likely desire to streamline your operating procedures by eliminating the need to deliver records, physically or electronically, in response to PRA requests.

Unfortunately your email was not recognized and has not been routed accordingly. Please be advised that if you wish to submit a new request or check on the status of an already submitted request, you should visit the Description: TO: [bothellwa@mycusthelp.net]September 12, 2017Bothell City Council18415 101ST AVE NEBOTHELL WA 98011-3455This is a follow up to request number C000029-091117:Dear Ms. Rosse:I received your e-mail of September 11. In it, you stated that your agency has "a new public records/document management system" which could be used to provide records in a manner you implied to be different than that which I requested. If using it would make your job easier and/or more effective, then I'm all for you using this new workflow management system.I wish to receive records as requested and in accordance with RCW 42.56.520. As I suspect you are aware, the law allows you to provide "an internet address and link on [your] agency's web site to the specific records requested" in lieu of sending them to a requester, so long as the requester does not inform you of his or her inability to access the Internet for such use. The law does not allow you to require that a requester register with your or a third-party records management system, authenticate to that system, and use that system to "navigate" to a private location where you effectively hid those records for that requester alone to find. I wish neither to opt for such hassle nor to legitimize such a system of obscured and monitored access to ostensibly-public records by participating in it.If the law allowed this alternative to providing records as requested--register, login, "click around," etc.--and every agency did this, then the public would need to learn to use multiple specific systems--possibly as many as there are public agencies--in order to access our public records instead of simply using the standard interfaces that have served us well across every public agency for decades--human language communicated via postal mail, fax, or e-mail. People talking to other people at the speed of light seems fast enough to satisfy everyone's needs in this context. Storing *public records* in a private location available only by login seems almost as bad an option for the public as having those records filed away in their original, publicly-inaccessible, locations.If it is not feasible to simply make public records available to the public upon creation of those records--without requiring people to go through a process of requesting, waiting, and receiving copies of those records as we typically must nowadays--then I suggest that you (and other agencies) place records which have been assembled in response to public records requests in a sort of Web-based public reading room, so that other people who wish to see those same records may easily find them in an anonymous and self-service manner, so that search engines may find and index those records, and so that you can provide the specific URLs of those records to requesters, thereby satisfying both your duty under the PRA and your likely desire to streamline your operating procedures by eliminating the need to deliver records, physically or electronically, in response to PRA requests.Cordially,Phil Mocek---On Sept. 11, 2017:

This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.

Thank you for your reply. It was not my intention to cause any frustration and I apologize for any inconvenience. I truly meant to present the new portal only as an option and certainly not a requirement. I will be more than happy to provide you with your requested records in the manner you have requested. I was not able to upload the documents to your site last time but will certainly try again. Otherwise, I believe the OneDrive link worked well? Following this reply, I will not send communications or records to you through this portal but will reply to the specific email addresses that your current requests were submitted under. Please feel free to email me directly at aimee.rosse@bothellwa.gov or contact me at 425.806.6154 at any time with any questions or concerns. (mailto:aimee.rosse@bothellwa.gov)

Thank you for your patience. Have a nice day.

Aimee Rosse Public Records Specialist To monitor the progress or update this request please log into the

Subject: RE: Public Records Request: Joshua Freed e-mail forwarded from City of Bothell to personal address since 2016-09-01

Email

Hello Mr. Mocek,

The City is in receipt of your request for public records as described in your below email.

Your request is being processed. It is anticipated that any responsive documents will be made available by September 25, 2017. If records are ready sooner, or if we need more time to complete your request, I will contact you.

I'm following up on the following Public Records request, copied below, and originally submitted on Sept. 7, 2017. You had previously indicated that it would be completed on Sept. 25, 2017. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #C000029-091117, U000211-091217.

Thanks for your help, and let me know if further clarification is needed.

Yes, I will have most, if not all, responsive emails to you by the end of today. There are just a few emails I’ve sent to our Legal department for review but, again, I should have those back to me and able to provide today also.

Please feel free to contact me with any questions or concerns in the meantime.

Subject: RE: Public Records Request: Joshua Freed e-mail forwarded from City of Bothell to personal address since 2016-09-01

Email

Dear Mr. Mocek:

I have uploaded the responsive records to your below request to a OneDrive account. You will receive a separate email with the link shortly. I combined my searches to include the below-referenced criteria as well as the search for emails with Mark Lamb (from your request dated September 8, 2017) - I hope that is okay? Please advise if you would prefer I separate the responsive documents to individual folders. Please let me know if you have any trouble accessing the documents.

This request for public records is completed and closed but please let me know if you have any questions or concerns.